Consumer Rights Directive Implementation Act Vrug

Original Language Title: Verbraucherrechte-Richtlinie-Umsetzungsgesetz – VRUG

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

33. Federal Act amending the General Civil Code, the Consumer Protection Act and the Consumer Co-operation Act, and a federal law on distance and off-premises contracts concluded (Fern and Outward Transactions-Law-FAGG) (Consumer Rights-Directive-Implementation Act-VRUG)

The National Council has decided:

Article 1

Modification of the ABGB

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I No 179/2013, shall be amended as follows:

1. § 429 reads:

" § 429. If the case is sent to a place other than the place of performance with the will of the transfer agent, the matter is already handed over to a person entrusted with the transfer, if the nature of the transmission of the goods has been sent to the place of performance. The agreement, in the absence of such a traffic exercise, is in conformity. "

2. The following paragraph 3 is added to § 905:

"(3) The risk for a thing transferred with the will of the creditor to a place other than the place of performance shall be transferred to the creditor with the date of the transfer (§ 429)."

3. In § 1420, the staple citation "(§ 905, § 907a para. 1)" by the citing quote "(§ 905 para. 1 and 2, § 906, § 907a para. 1, § 907b)" replaced.

4. § 1503 the following paragraph 4 is added:

" (4) § § 429, 905 and 1420 in the version of the Consumer Rights-Directive-Implementation Act, BGBl. I No 33/2014, enter into force with 13 June 2014. "

Article 2

Amendment of the Consumer Protection Act

The Consumer Protection Act, BGBl. No. 140/1979, as last amended by the Federal Law BGBl. I No 50/2013, shall be amended as follows:

(1) § 3 is amended as follows:

(a) para. 1 reads:

" (1) If the consumer has not delivered his contract of contract in the premises permanently used by the trader for his business purposes, or in the case of a stand which is used for this purpose on a trade fair or on a market, he shall be entitled to do so from his Contract application or withdraw from the contract. This resignation may be declared within 14 days until the date of the contract or after the contract has been completed. The expiry of that period shall begin with the conclusion of a document, at least the name and address of the trader, the information necessary for the identification of the contract and an instruction on the right of withdrawal, the withdrawal period and the the procedure for the exercise of the right of withdrawal shall be sent to the consumer at the earliest, however, with the arrival of the contract, in the case of purchase contracts relating to goods with the date on which the consumer acquires possession of the goods. If the conclusion of such a document has not been completed, the consumer shall be entitled to the right of withdrawal for a period of twelve months and 14 days from the conclusion of the contract or the delivery of goods; if the trader is following the conclusion of the certificate. within a period of 12 months from the date of the deadline, the extended withdrawal period shall end 14 days after the date on which the consumer receives the document. In the case of insurance contracts, the withdrawal period shall expire no later than one month after the contract has been concluded. ";

(b) in paragraph 3 (3), the amount shall be "15 Euro" by the amount "25 Euro" replaces and becomes the amount "45 Euro" by the amount "50 Euro" replaced;

(c) in paragraph 3, the following Z 4 and 5 shall be added:

" 4.

in the case of contracts which are subject to the law of the Fern and the outward transactions, or

5.

in the case of declarations of contract which the consumer has made in the physical absence of the entrepre, unless he has been forced to do so by the entreprents. ';

(d) (4) reads:

" (4) The declaration of resignation shall not be bound by any particular form. The withdrawal period shall be maintained if the resignation declaration is sent within the time limit. ";

(e) paragraph 5 reads:

" (5) The consumer may also withdraw from his application for a contract or from the contract if the trader is opposed to the commercial arrangements for the collection and receipt of orders for services (§ 54 GewO 1994), Searches of private individuals and advertising events (§ 57 GewO 1994) or concerning the receipt of orders for goods by private persons (§ 59 GewO 1994) has violated. The provisions of Section 1, Para. 3, Z 4 and 5 and Section 4, shall also apply to this right of withdrawal. This is also the case for the consumer in the cases referred to in paragraph 3 (1) to (3). "

Section 5a, together with the headline, reads:

" General information requirements of the entreprenter

§ 5a. (1) Before the consumer is bound by a contract or his contract declaration, the trader must inform him in a clear and comprehensible manner about the following, insofar as this information is not already directly out of the circumstances Results:

1.

the essential characteristics of the goods or services in the extent appropriate to the means of communication and to the goods or services;

2.

the name or business name and telephone number of the entreprenter, and the address of his establishment,

3.

the total price of the goods or services, including all taxes and charges, if, on the basis of the nature of the goods or services, the price cannot reasonably be calculated in advance, the nature of the price calculation and where appropriate, any additional freight, delivery or shipping costs, or, where such costs cannot reasonably be calculated in advance, the incidental accumulation of such additional costs,

4.

where applicable, the terms and conditions of payment, delivery and performance, the period within which the goods are delivered or the service is provided after the undertaking's undertaking is made, and any procedures which may be provided for the handling of the goods, Contractor with complaints,

5.

in addition to the reference to the existence of a statutory right of warranty for the goods, the existence and conditions of customer services after the sale and the commercial guarantees,

6.

where applicable, the duration of the contract or the conditions for the termination of unlimited contracts or automatically renewal contracts,

7.

where appropriate, the functioning of digital content, including any technical protection measures applicable to such content, and

8.

where applicable, the interoperability of digital content with hardware and software, where such content is known to the entreptite or which must reasonably be known to the entreprenter.

(2) The information requirements laid down in paragraph 1 shall not apply to contracts

1.

on the business of daily life, which are immediately fulfilled at the time of the conclusion of the contract,

2.

that are subject to the Fern and Outward Transactions law,

3.

on social services, including the provision and rental of social housing, child care or support for families or persons who are permanently or temporarily in need of assistance, including long-term care,

4.

on health services in accordance with Article 3 (a) of Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. OJ L 88, 4.4.2011, p. 45, irrespective of whether it is provided by a health service,

5.

on gambling, which requires a monetary bet, including lotteries, gambling in casinos and betting,

6.

on financial services,

7.

on the justification, acquisition or transfer of property or other rights in immovable property,

8.

on the construction of new buildings, substantial rebuilding measures on existing buildings or the renting of housing,

9.

which are included in the scope of Directive 90 /314/EEC on package travel, package holidays and package holidays, No. OJ L 158, 23.6.1990, p. 59,

10.

the scope of Directive 2008 /122/EC on the protection of consumers in respect of certain aspects of timeshare contracts, long-term holiday products and resale and exchange contracts, OJ L 327, 22.12.2008, p. No. OJ L 33, 3.2.2009, p. 10,

11.

concluded in front of a public official who is legally bound by independence and impartiality and who, through extensive legal information, has to ensure that the consumer is solely responsible for the contract and having regard to its legal scope,

12.

on the supply of food, beverages or other household items of daily necessities supplied by the trader in the course of frequent and regular journeys at the place of residence, place of stay or at the consumer's workplace ,

13.

on the carriage of persons,

14.

which are closed using vending machines or automated business premises,

15.

which are concluded with the use of telecommunications operators by means of public telephones for their use or which are concluded for the purpose of using a single telephone, Internet or fax connection produced by a consumer. "

§ 5b and headline are:

" Telephone agreements related to profit commitments or betting and lottery services

§ 5b. Contracts negotiated during a call initiated by the trader in connection with profit commitments or betting and lottery services shall be void. Only the consumer can rely on the invalidity of the contract. In the case of benefits provided by the trader in spite of the nullity of such contracts, he or she may not require payment or impairment of value. The consumer may reclaim all payments and services accepted by the trader contrary to this provision. "

4. The previous heading before § 5a "Distance contracts" The former § § 5c to 5i shall be repealed; and the previous § 5j shall be replaced by the title of the paragraph "§ 5c." and the heading "Commitment of profit commitments" .

5. According to § 6a the following § § 6b and 6c together with the headings are inserted:

" Cost of telephone contact after conclusion of the contract

§ 6b. Where the operator has set up a telephone connection in order to allow his contracting parties to contact him by telephone in connection with closed consumer contracts, he may, in the case of a consumer, make this possibility available to a consumer in the form of a telephone connection. Claim is not charged for this. This is without prejudice to the right of providers of telecommunications services to charge charges for the actual communication services.

Additional payments

§ 6c. (1) An agreement with which a consumer undertakes, in addition to the remuneration agreed for the main benefit, for further payments, for example as remuneration for a supplementary performance of the entreprenter, shall only be effective if the consumer has the right to Consumers expressly agree. Such consent shall not, in particular, be obtained if, in order to avoid a declaration of contract, the consumer would have to refuse a pre-setting made by the trader, but this refusal shall not be accepted.

(2) If the consent required in accordance with paragraph 1 is lacking, the trader shall reimburse the consumer for additional payments.

(3) The consumer may subsequently bring about the effectiveness of the agreement by expressly agreeing to it in the sense of paragraph 1.

(4) The provisions of paragraphs 1 to 3 shall not apply to the contracts referred to in § 5a (2) (3) to (8), (10) to (12), (14) and (15). "

6. According to § 7, the following § § 7a and 7b shall be inserted together with the headings:

" Deadline for contracts relating to goods

§ 7a. In the absence of any other contractual agreement, the trader has to provide the goods without unnecessary delay, but not later than 30 days after conclusion of the contract, or-if the delivery of the goods has been agreed-to the consumer on the market.

Transfer of risk upon transmission of the goods

§ 7b. When the trader transfers the goods, the risk of loss or damage to the goods shall not exceed the consumer as soon as the goods are sent to the consumer or to a third party designated by the carrier and by the carrier. shall be delivered. However, if the consumer himself has concluded the contract of carriage without taking advantage of a choice of choice proposed by the trader, the risk is already at issue with the delivery of the goods to the carrier. In the absence of any other agreement, the consumer acquires the ownership of the goods at the same time as the transfer of risk. "

7. § § 26 to 26b shall be repealed together with the title before § 26.

8. The following paragraph 5 is added to § 26d:

"(5) The provisions of para. 1 to 4 shall not apply to such contracts for the remediation of living rooms subject to the Fern and Outward Transactions law."

9. In § 28a (1), the word "doorstep stores" through the turn "door-to-door transactions, off-premises contracts, the general information requirements of the entreprenter (§ 5a)" and will turn the turn "or in the context of information society services in electronic commerce or in the context of investment services or services of asset management or payment services or the issue of e-money" through the turn " , the demand for telephone costs (§ 6b) or additional payments (§ 6c), the service period (§ 7a) or the transfer of risk (§ 7b), in connection with services of the information society in electronic commerce, Investment services, asset management services, payment services or the issue of e-money " replaced.

10. In § 30a, the following sentence is added to paragraph 3:

" Right of withdrawal, which is the consumer according to other provisions, in particular in accordance with § § 11 et seq. FAGG-to stand, remain unaffected. "

Section 32 (1) is amended as follows:

a) In Z 1 the lit. a to c:

" (a)

to comply fully with the obligation to provide information in accordance with section 5a, and to provide information as appropriate,

b)

to provide or deliver the goods in good time in the sense of § 7a,

c)

to establish the certificate provided for in Article 26d (1) with the information required in Article 26d (2); or

(b) the previous lit. c of the Z 1 receives the letter designations "(d)";

c) Z 2 is:

" 2.

§ 26d (3), ";

d) in Z 6 the word "or" shall be replaced at the end by one point;

(e) Z 7 is deleted.

(12) The following paragraph 29 is added to § 41a:

" (29) § § 3, 5a, 5b, 6b, 6c, 7a, 7b, 26d paragraphs 5, 28a para. 1, 30a (3) and § 32 (1) in the version of the Federal Law BGBl. I No. 33/2014 as well as the amendment of the section title of the previous § 5j brought about by this Federal Act will enter into force on 13 June 2014. § § 3, 5a, 5b, 6b, 6c, 7a, 7b, 26d para. 5 and 30a (3) in the version of this Federal Act are to be applied to contracts which are concluded as of 13 June 2014; for the contracts listed in Section 5a (2) Z 9, § 6c is not until 1 July 2015. , The previous § § 5c to 5i and 26 to 26b as well as the previous heading before § 5a will expire on 12 June 2014; however, they as well as § § 5a, 5b, 26d and 30a in the previous version are still closed before June 13, 2014 Apply contracts. "

Article 3

Amendment of the Consumer Co-operation Act

The Consumer Co-operation Act, BGBl. I n ° 148/2006, as last amended by the Federal Law BGBl. I n ° 2/2012, shall be amended as follows:

1. In the Annex, the Z is 1 lit. a:

" (a)

Directive 2011 /83/EU on consumer rights, amending Directive 93 /13/EEC and Directive 1999 /44/EC as well as repealing Directive 85 /577/EEC and Directive 97 /7/EC, OJ L 327, 30.12.2011, p. No. OJ L 304, 22. November 2011, p. 64;

2. In the Annex, the Z 1 lit is deleted. F.

3. The previous text of § 14 receives the sales designation "(1)" ; the following paragraph 2 is added:

" (2) Z 1 of the Annex in the version of the Consumer Rights Directive-Implementation Act, BGBl. I No 33/2014, will enter into force with 13 June 2014. "

Article 4

Federal law on distance selling and off-premises contracts (Fern-und Ausbackwards-Gesetz-FAGG-Law-FAGG)

Section 1

General

Scope

§ 1. (1) This federal law shall apply to distance and off-premises contracts concluded between entrepreneurs and consumers (§ 1 KSchG).

(2) This federal law applies-unless otherwise specified in § 8 (4)-not for contracts,

1.

which are closed off-premises (Article 3 (1)) and where the fee to be paid by the consumer does not exceed EUR 50;

2.

on social services, including the provision and rental of social housing, child care or support for families or persons who are permanently or temporarily in need of assistance, including long-term care,

3.

on health services in accordance with Article 3 (a) of Directive 2011 /24/EU on the exercise of patients ' rights in cross-border healthcare, OJ L 327, 28.11.2011, p. No. 45, irrespective of whether they are provided by a health service, except for the distribution of medicinal products and medical devices in distance selling,

4.

on gambling, which requires a monetary bet, including lotteries, gambling in casinos and betting,

5.

on financial services,

6.

on the justification, acquisition or transfer of property or other rights in immovable property,

7.

on the construction of new buildings, substantial rebuilding measures on existing buildings or the renting of housing,

8.

which are included in the scope of Directive 90 /314/EEC on package travel, package holidays and package holidays, No. OJ L 158, 23.6.1990, p. 59,

9.

the scope of Directive 2008 /122/EC on the protection of consumers in respect of certain aspects of timeshare contracts, long-term holiday products and resale and exchange contracts, OJ L 327, 22.12.2008, p. No. OJ L 33, 3.2.2009, p. 10,

10.

concluded in front of a public official who is legally bound by independence and impartiality and who, through extensive legal information, has to ensure that the consumer is solely responsible for the contract and having regard to its legal scope,

11.

on the supply of food, beverages or other household items of daily necessities supplied by the trader in the course of frequent and regular journeys at the place of residence, place of stay or at the consumer's workplace ,

12.

which are closed using vending machines or automated business premises,

13.

which are concluded with the use of telecommunications operators using public telephone services for their use, or which are concluded for the purpose of using a single telephone, Internet or fax connection produced by a consumer.

(3) For contracts relating to the carriage of persons, only § 8 shall apply.

(4) To the extent that a provision of this Federal Law on a different legislative provision serving the implementation of a sector-specific Union act or a Union act which is directly applicable within the State, in an intractable substantive It shall not apply to the contracts entered into by the colliding provision.

Mandatory law

§ 2. Insofar as agreements to the detriment of the consumer deviate from the provisions of this federal law, they are ineffective.

Definitions

§ 3. In this federal law, the term

1.

"outside of business premises concluded contract" means any contract between an operator and a consumer;

a)

which, with the simultaneous physical presence of the operator and the consumer, is concluded in a place which is not a business premises of the entreprce,

b)

for the consumer among the in lit. a given circumstances have made an offer,

c)

which is concluded in the business premises of the operator or by means of distance communication, immediately after the consumer is in a place other than the business premises of the entrepre- the operator or his authorised representative and the consumer has been personally and individually addressed, or

d)

which is concluded on a trip organized by an entrepre or his agent on purpose or with the result that the entrepre for the sale of goods or the provision of services to the consumer Advertise or advertise and conclude contracts with the consumer;

2.

"distance contract" means any contract concluded between an operator and a consumer without the simultaneous physical presence of the operator and the consumer, within the framework of a distance selling or selling off-sales or services system, with the exclusive use of means of distance communication, up to and including the delivery of the contract;

3.

"business premises" means immovable business premises in which the entrepre is engaged in a permanent job, or movable business premises in which the trader usually carries out his activity;

4.

"public auction" means a method of sale in which the trader offers goods or services to consumers who are personally present at the auction or who are granted this possibility, in one of the auctioneers, , transparent procedures based on competing bids, in which the tenderer who has been awarded the contract is obliged to purchase the goods or services;

5.

"durable medium" means any medium which allows the consumer or the operator to store personally-directed information to him in such a way that he may, as a result, see it for a reasonable period of time for the purposes of the information. , which makes it possible to reproduce the information stored unchanged;

6.

"digital content" means data which are produced or made available in digital form;

7.

"contract of interest" means a contract with which the consumer acquires goods or services related to a fishing or outward business and in which the goods or services are supplied by the trader or a third party the basis of an agreement between this third party and the entrepre shall be provided or provided.

Section 2

Information requirements

Content of the duty to provide information; legal consequences

§ 4. (1) Before the consumer is bound by a contract or his contract declaration, the trader must inform him in a clear and comprehensible manner about the following:

1.

the essential characteristics of the goods or services in the extent appropriate to the means of communication and to the goods or services;

2.

the name or firm of the entreprenter and the address of his establishment,

3.

where appropriate

a)

the telephone number, the fax number and the e-mail address, under which the consumer can quickly reach the entreptier and be able to communicate with him without any special effort,

b)

the business address which deviates from the establishment of the trader and to which the consumer can address any complaint; and

c)

the name or company and address of the establishment of the person on whose behalf the trader is acting, and the business address of that person who may be different from that to which the consumer can contact each complaint;

4.

the total price of the goods or services, including all taxes and charges, if, on the basis of the nature of the goods or services, the price cannot reasonably be calculated in advance, the nature of the price calculation and where appropriate, any additional freight, delivery, shipping or other costs, or, where such costs cannot reasonably be calculated in advance, the incidental accumulation of such additional costs,

5.

in the case of an open-ended contract or a subscription contract, the total cost of each accounting period, where fixed amounts are charged for such a contract, the total monthly cost, but the total cost of the contract; can reasonably not be calculated in advance, the type of price calculation,

6.

the cost of using the means of distance communication used for the conclusion of the contract, provided that these are not calculated on the basis of the basic tariff,

7.

the terms and conditions of payment, delivery and performance, the period within which the goods are delivered or the service is provided after the undertaking's undertaking is made, and any procedures which may be provided for when the entrepre is handled; Complaints,

8.

in the event of a right of withdrawal, the conditions, time limits and procedures for exercising that right, provided that the model revocation form is available in accordance with Annex I, Part B ,

9.

where appropriate, the obligation to provide the consumer in the event of his withdrawal from the contract in accordance with Article 15 of the contract in order to pay the costs of returning the goods and in the case of distance contracts relating to goods which, due to their nature, are not usually incurred by the consumer on the basis of the by post, the amount of the return costs,

10.

where appropriate, the obligation of the consumer, in the event of his withdrawal from the contract in accordance with Article 16, to pay a pro rata amount for the services already provided,

11.

where appropriate, the absence of a right of withdrawal in accordance with Section 18 or the circumstances in which the consumer loses his right of withdrawal,

12.

in addition to the reference to the existence of a statutory right of guarantee for the goods, the existence and the conditions of customer services and commercial guarantees, where applicable,

13.

where appropriate, existing codes of conduct in accordance with Article 1 (4) (4) of the UWG and on how the consumer can obtain a copy thereof,

14.

where applicable, the duration of the contract or the conditions for the termination of unlimited contracts or automatically renewal contracts,

15.

where appropriate, the minimum duration of the obligations which the consumer enters into the contract;

16.

where appropriate, the right of the trader to require the consumer to give a security deposit or other financial collateral, as well as the conditions thereof,

17.

where appropriate, the functioning of digital content, including any technical protection measures applicable to such content,

18.

where applicable, the interoperability of digital content with hardware and software, where such content is known to the entreprenter or is reasonably well known; and

19.

where appropriate, the possibility of access to an out-of-court complaint and redress procedure to which the trader is subject and the conditions for such access.

(2) In the case of a public auction, the information provided by the auctioneer may be transmitted instead of the information referred to in paragraph 1 (1) (2) and (3).

(3) The information referred to in paragraph 1 (8), (9) and (10) may be provided by means of the sample revocation instructions in accordance with Annex I, Part A shall be granted. This form of information shall be deemed to be fulfilled by the operator's information obligations, provided that the entreptite has correctly communicated the form to the consumer.

(4) The information given to the consumer as referred to in paragraph 1 shall be part of the contract. Changes shall be effective only if they have been expressly agreed by the contracting parties.

(5) If the trader has not fulfilled his obligation to provide information on the additional and other costs referred to in paragraph 1 (4) or on the costs of returning the goods referred to in paragraph 1 (9), the consumer shall not have the additional and other costs. -

(6) The information requirements referred to in paragraph 1 shall apply without prejudice to other obligations to provide information in accordance with legal provisions laid down in Directive 2006 /123/EC on services in the internal market, OJ L 327, 30.4.2006, p. No. 36, or to Directive 2000 /31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market, OJ L 376, 27.12.2000, p. No. OJ L 178, 17.7.2000, p.

Information sharing in contracts outside of business premises

§ 5. (1) In the case of contracts concluded outside premises, the information referred to in Article 4 (1) shall be made available to the consumer on paper or, if the consumer agrees, on another durable medium. The information must be readable, clear and comprehensible.

(2) The trader shall provide the consumer with a copy of the signed contract document or the confirmation of the contract concluded on paper or, if the consumer agrees to do so, on another durable medium. Where appropriate, the copy or confirmation of the contract must also contain a confirmation of the consumer's consent and knowledge in accordance with section 18 (1) Z 11.

Simplified information sharing in handheld contracts

§ 6. (1) In the case of contracts for repair or maintenance work concluded outside premises where the consumer has expressly requested the operator's coming and the services to carry out such work, the The provisions of the following paragraph shall apply by way of derogation from Section 5 (1) to consumers for payment of EUR 200 not exceeding EUR 200 and both parts of the contract immediately fulfilling their contractual obligations.

(2) The trader has the consumer in § 4 para. 1 Z 2 and 3 lit. a and c as well as information on the amount of the price or the nature of the price calculation, together with an estimate of the total cost on paper or, where the consumer agrees, to another durable Volume to be provided. Moreover, the trader shall give the consumer the information referred to in Article 4 (1) (1), (1), (8) and (11), but may not be able to provide it on paper or on any other durable medium, if the consumer is expressly agreed. The copy or confirmation to be made available pursuant to section 5 (2) must also contain the information referred to in § 4 (1).

Information sharing on distance contracts

§ 7. (1) In the case of distance contracts, the information referred to in Article 4 (1) shall be made available to the consumer in a clear and comprehensible manner in a manner adapted to the distance communication means used. If this information is provided on a durable medium, it must be readable.

(2) Where the contract is concluded using a means of distance communication in which only limited space or limited time is available for the presentation of the information, the trader shall have the consumer prior to the conclusion of the contract through this means of distance communication, at least the information referred to in Article 4 (1), (1), (2), (4), (5), (8) and (14) on the essential characteristics of the goods or services, the name of the entrepre, the total price, the right of withdrawal, the the term of contract and the terms and conditions of the termination of contracts of unlimited duration. The other information referred to in Article 4 (1) shall be granted to the consumer in an appropriate manner, having regard to the provisions of paragraph 1.

(3) The trader shall, within a reasonable period of time after the conclusion of the contract and at the latest with the delivery of the goods or before the commencement of the provision of services, have a confirmation of the concluded contract on a to provide permanent data carriers containing the information referred to in Article 4 (1), provided that it does not provide this information to the consumer prior to the conclusion of the contract on a durable medium. If necessary, the confirmation of the contract must also contain a confirmation of the consumer's consent and knowledge in accordance with § 18 (1) Z 11.

Special requirements for electronically closed contracts

§ 8. (1) If a distance contract concluded electronically, but not exclusively by electronic mail or a comparable individual electronic communication means, is obliged to pay the consumer a payment, the trader shall draw the attention of the consumer to the information referred to in Article 4 (1), (1), (4), (5), (14) and (15) immediately before the consumer makes his/her contract declaration.

(2) The trader shall ensure that the consumer expressly confirms when ordering that the order is connected with a payment obligation. If the ordering process requires the activation of a button or the operation of a similar function, this button or function must be clearly legible exclusively with the words "order" or a similar one, a clear wording which indicates to the consumer that the order is linked to a payment obligation to the trader. If the trader does not comply with the obligations laid down in this paragraph, the consumer shall not be bound by the contract or his declaration of contract.

(3) At the latest at the beginning of the ordering process, it shall be clearly stated on websites for electronic commerce, whether supply restrictions exist and what means of payment are to be accepted.

(4) The provisions of paragraphs 1 to 3 shall also apply to the contracts referred to in Article 1 (2) (2) (8). The provisions of second and third sentence of paragraph 2 shall also apply to the contracts referred to in Article 1 (2) (2) (2) and (3), provided that they are concluded on the basis of the manner referred to in paragraph 1.

Special requirements for contracts concluded by telephone

§ 9. (1) In the case of long distance calls with consumers aiming at the conclusion of a distance contract, the trader shall, at the beginning of the interview, give the consumer his name or company, where appropriate the name of the person on whose behalf he is acting, as well as the business purpose of the conversation.

(2) In the case of a distance contract for a service which has been negotiated during a call initiated by the trader, the consumer shall not be bound until the trader confirms to the consumer a confirmation of his contract anthem on a to provide a durable medium and to provide the consumer with a written declaration on the acceptance of this anbot on a durable medium.

Start of the contract performance before the expiration of the resignation period

§ 10. Where a distance contract or contract concluded outside of premises has a service which does not provide for supply of water, gas or electricity in a limited volume or in a given quantity, or the supply of District heating to the object and wishes to the consumer that the trader begins before the expiry of the withdrawal period in accordance with § 11 with the contract filling, the entrepre must ask the consumer to give him an explicit reference to this premature Contract fulfillment of directed demand-in the case of an outside of business premises closed contract on a durable medium.

Section 3

Withdrawal from the contract

Right of withdrawal and period of resignation

§ 11. (1) The consumer may withdraw from a distance contract or a contract concluded outside of business premises within 14 days without giving reasons.

(2) The time limit for resignation begins

1.

in the case of service contracts with the date of the conclusion of the contract,

2.

in the case of contracts of sale and other contracts intended for the purchase of a product for payment

a)

on the date on which the consumer or a third party other than the consumer acquires the possession of the goods,

b)

where the consumer has appointed a number of goods within the framework of a single order, which shall be delivered separately, the date on which the consumer or a third party other than the consumer, acting as a carrier, is in possession of the last of the goods, delivered goods,

c)

in the case of delivery of a product in several instalments, the day on which the consumer or a third party not acting as carrier acquires the possession of the last part-consignment,

d)

in the case of contracts for the regular delivery of goods over a fixed period of time, the day on which the consumer or a third party not acting as carrier acquires the possession of the goods delivered first,

3.

in the case of a contract which does not supply the supply of water, gas or electricity offered in a limited volume or quantity, the supply of district heating or the supply of non-physical data storage medium of digital content, with the date of the conclusion of the contract.

Undersigned Enlightenment on the right to resignation

§ 12. (1) If the trader has not complied with his obligation to provide information in accordance with Section 4 (1) (8) (8), the withdrawal period provided for in § 11 shall be extended by twelve months.

(2) Holt the entreptite shall, within twelve months of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of the date of departure, end the period of withdrawal 14 days from the date on which the consumer receives the information.

Exercise of the right of withdrawal

§ 13. (1) The declaration of resignation shall not be bound by any particular form. For this purpose, the consumer may use the sample withdrawal form in accordance with Annex I, Part B . The resignation period shall be maintained if the resignation declaration is sent within the time limit.

(2) The trader may also grant the consumer the possibility of using the sample withdrawal form in accordance with Annex I, Part B or to electronically fill in and submit a resignation statement on the entrepellate's website. If the consumer makes a declaration of resignation in this way, the trader shall immediately send him a confirmation of receipt of the declaration of resignation on a durable medium.

Obligations of the entrepre in the event of withdrawal of the consumer from the contract

§ 14. (1) If the consumer withholds from the contract in accordance with Article 11 (1), the trader shall, without delay and at the latest within 14 days from the receipt of the contract, all the payments made by the consumer, including the delivery costs, including the delivery costs. Resignation statement. He shall use the same means of payment for the repayment of which the consumer has served for the settlement of his payment; however, the use of another means of payment shall be permitted where this is expressly provided by the consumer. , and the consumer will not be subject to any costs.

(2) If the consumer has expressly opted for a different type of delivery than the most favourable standard delivery offered by the trader, he shall not be entitled to reimbursement of the additional costs incurred as a result.

(3) In the case of contracts of sale and other contracts relating to the purchase of a product, the trader may refuse the repayment until he or she has either returned the goods or proof of the return of the goods to the consumer. of the goods; this shall not apply if the trader has offered to pick up the goods themselves.

Obligations of the consumer upon resignation of the purchase contract

§ 15. (1) If, in accordance with Article 11 (1), the consumer withholds from a contract of sale or any other contract directed towards the purchase of a product, he shall immediately, but no later than 14 days from the date of delivery of the goods, receive the goods received. A declaration of resignation to be returned to the trader; this shall not apply if the trader has offered to pick up the goods themselves. The withdrawal period shall be maintained if the goods are sent within the time limit.

(2) The direct costs of returning the goods shall be borne by the consumer; this shall not apply if the trader has agreed to bear these costs or if he has failed to provide the consumer with the obligation to carry out the costs of the goods. shall be informed.

(3) In the case of contracts concluded outside premises where the goods have been delivered to the consumer's home at the time of the conclusion of the contract, the trader shall collect the goods at their own expense if such goods are due to their own costs. Do not usually be sent by post.

(4) The consumer shall only pay the trader a compensation for a reduction in the value of the goods, if this loss of value does not apply to an examination of the nature, characteristics and functioning of the goods. the necessary handling of the same. In no event shall the consumer be liable for any loss of value of the goods if he has not been informed of his right of withdrawal by the trader in accordance with Section 4 (1) Z 8.

(5) In addition to the payments referred to in this provision and any additional costs pursuant to § 14 (2), no other charges may be imposed on the consumer because of his resignation.

Obligations of the consumer upon resignation of a contract
on services, energy and water supplies or digital content

§ 16. (1) In accordance with Article 11 (1), the consumer shall withdraw from a contract of services or the energy and water supplies referred to in § 10 after he declares a request in accordance with § 10 and the contractor herewith declares that he/she is filling the contract with the contract. , he shall have to pay the trader an amount which, in comparison to the contractually agreed total price, is proportionate to the benefits provided by the trader to the resignation. If the total price is inflated, the amount to be paid shall be calculated on the basis of the market value of the services provided.

(2) The pro-rata payment obligation under para. 1 shall not exist if the contractor has not complied with his obligation to provide information in accordance with Section 4 (1) (8) and (10).

(3) If the consumer withdrew from a contract for the supply of digital content not stored on a physical data medium in accordance with Section 11 (1), the consumer shall not be obliged to pay any payment for the services of the entreprtiy already rendered.

(4) In addition to the payment referred to in paragraph 1, no other charges may be imposed on the consumer on account of his resignation.

Effects of the withdrawal on accordical contracts

§ 17. If the consumer resigns from the contract in accordance with section 11 (1), the resignation shall also apply to an accrual contract. In addition to the payments referred to in § § 15 and 16, no other charges may be imposed on the consumer.

Exceptions to the right of withdrawal

§ 18. (1) The consumer shall not have the right of withdrawal for distance or off-premises contracts relating to:

1.

Services, if the trader-on the basis of an express request by the consumer in accordance with § 10 as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal in the case of complete contract performance-still before the expiration of the withdrawal period in accordance with § 11 had commenced with the execution of the service and the service was then fully provided,

2.

goods or services whose price depends on fluctuations in the financial market to which the trader has no influence and which may occur within the withdrawal period,

3.

Goods that are made according to customer specifications or are clearly tailored to their personal needs,

4.

Were those who could quickly spoil or whose expiration date would be quickly exceeded,

5.

goods which are delivered sealed and are not suitable for return for reasons of health protection or for reasons of hygiene, provided that their sealing has been removed after delivery,

6.

goods which, after delivery, were inextricably mixed with other goods on the basis of their nature,

7.

alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract but which cannot be delivered earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations on the market to which the trader does not influence,

8.

Sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery,

9.

Newspapers, magazines or magazines with the exception of subscription contracts for the supply of such publications,

10.

Services in the areas of accommodation for purposes other than for residential purposes, transport of goods, rental of motor vehicles and the supply of food and beverages and services provided in connection with recreational activities where a specific date or period of time is provided for in each case for the fulfilment of the contract by the trader,

11.

the delivery of digital content not stored on a physical data medium, if the trader, with the express consent of the consumer, is associated with his knowledge of the loss of the right of withdrawal in the case of premature start with the fulfillment of the contract and after the provision of a copy or confirmation pursuant to § 5 (2) or § 7 (3)-before the expiry of the resignation period in accordance with § 11 with the delivery has begun.

(2) Furthermore, the consumer shall not have the right to withdraw from contracts for urgent repair or maintenance work in which the consumer has expressly requested the trader to visit him for the purpose of carrying out such work. If, on such a visit, the trader provides other services which the consumer has not expressly asked for, or supplies goods which are not necessarily required as spare parts during the maintenance or repair process, the operator shall: in respect of these additional services or goods, the consumer's right of withdrawal.

(3) Finally, the consumer is not entitled to a right of withdrawal in respect of contracts concluded at a public auction.

Section 4

Criminal provisions

§ 19. In so far as the action does not constitute a criminal offence or is punishable under other administrative criminal provisions with a more stringent penalty, an entrepellent shall be subject to an administrative surrender and shall be subject to a fine of up to 1 450 euros to punish if he

1.

in the pre-contractual information provided pursuant to § 4 (1), include false information or not, or does not fully comply with the information requirements in accordance with § 4 (1),

2.

is in breach of any of the arrangements made in § 5 (1), 6 (2) and 7 (1) and (2) concerning the nature of the distribution of information,

3.

no contract copy or confirmation shall be made available to the consumer, contrary to § 5 para. 2 or § 7 para. 3;

4.

does not or does not fully comply with its special pre-contractual information requirements for electronically closed contracts in accordance with § 8 (1) and (3);

5.

a telephone call shall begin without the name (the company) of the entrepre, if necessary the name of the person on whose behalf he is acting, and the business purpose of the interview in accordance with § 9, para. 1, without at the beginning of the conversation;

6.

it undertakes to submit to the consumer, in accordance with section 13 (2), a confirmation of the receipt of the declaration of resignation on a durable medium;

7.

is in breach of the obligation to grant authorization pursuant to Section 14 (1).

Section 5

Final provisions

entry into force

§ 20. (1) Section 8 (4) shall enter into force on 1 July 2015 and shall be applied to the far-right and outward transactions which shall be concluded from that date.

(2) In addition, this Federal Act shall enter into force on 13 June 2014 and shall apply to the Fern and the outward transactions which shall be concluded from that date.

Enforcement

§ 21. The Federal Minister of Justice is responsible for the enforcement of this federal law.

Implementation Notice

§ 22. This federal law repeals Directive 2011 /83/EU on consumer rights, amending Directive 93 /13/EEC and Directive 1999 /44/EC and repealing Directive 85 /577/EEC and Directive 97 /7/EC, OJ L 327, 22.12.1997, p. No. OJ L 304 of 22.11.2011 p. 64.

Article 5

Implementation notice and relation to sector-specific provisions

§ 1. Article 2 of this federal law provides for Directive 2011 /83/EU on consumer rights, amending Directive 93 /13/EEC and Directive 1999 /44/EC and repealing Directive 85 /577/EEC and Directive 97 /7/EC, OJ L 327, 30.12.2011, p. No. OJ L 304 of 22.11.2011 p. 64.

§ 2. To the extent that one of the provisions introduced or amended by Article 2 on another legislative provision which is used to implement a sector-specific Union act, or to a Union act directly applicable within the Community, in a , it shall not be applicable to the contracts covered by the colliding provision.

Fischer

Faymann